HomeMy WebLinkAbout03/17/2015 - Special MeetingCity Council Minutes
Special Meeting
March 17, 2015
I. ROLL CALL - 4:00 p.m.
Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
II. PUBLIC COMMENTS
Jim Mosher referenced the Closed Session agenda and the Brown Act. He believed that an open
discussion of Item A should occur. Regarding Item B, he questioned whether the petition to appeal
was filed in a timely manner and noted that a California Supreme Court case number was assigned
to the case, but it was not stated on the Closed Session agenda. He expressed the opinion that the
City should not spend money to appeal this case.
In response to Mr. Mosher's comments, City Attorney Harp reported that the petition to file an
appeal to the California Supreme Court was appropriately filed. He indicated that he was not
aware that a California Supreme Court case number was assigned to the appeal when the agenda
was posted, but indicated that it will be listed on future agendas, if needed.
City Attorney Harp announced that the City Council will adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
III. CLOSED SESSION - 4:04 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 3 matters
B. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Government Code § 54956.9(a), (d)(1)): 1 matter
Woody's Group, Inc. v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30 -2013- 00687091
California Court of Appeal, Division 3, Case No. 411, Civ. G050155
Mayor Selich reconvened the meeting at 5:40 p.m.
City Attorney Harp announced that Council Member Petros was unable to stay for the
entire discussion relative to Item B. He reported that the City Council instructed the City
Attorney's Office to seek to withdraw the petition filed with the California Supreme Court
relative to Woody's Group, Inc. v. City of Newport Beach, et al. He announced that this
litigation stemmed from the City Council's decision to deny modifications to the use
permit. He reported that Mayor Selich, Council Members Duffield, Peotter, and Muldoon
voted in favor of withdrawing the petition and Mayor Pro Tom Dixon and Council
Members Petros and Curry voted against the withdrawal.
Volume 62 - Page 236
City of Newport Beach
Special Meeting
March 17, 2015
IV. ADJOURNMENT - 5:41 p.m.
The agenda for the Special Meeting was posted on the City's website and on the City
Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at
100 Civic Center Drive on March 16, 2015, at 1:30 p.m
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City Clerk /
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Recording Secretary
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Mayor
Volume 62 - Page 237